Allowed

Rohit @ Hemant Gurjar v. State

Rajasthan HC5 Aug 2019CRLAS/1032/2019

Case brief

AI extract

What is this about?

The High Court allowed the criminal appeal filed under Section 14-A(2) of the SC/ST Act. It set aside the trial court's order dismissing the bail application and directed the release of the appellant on bail subject to executing a bond with sureties.

What did the court decide?

The order dismissing the bail application was set aside; the appellant was directed to be released on bail upon executing a personal bond of Rs.50,000 with two sureties of Rs.25,000 each.

Rohit @ Hemant Gurjar Vs State — Caste Atrocities | Rajasthan HC (2019)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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S.B. Criminal Appeal No. 1032/2019

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Rohit @ Hemant Gurjar S/o Dalchand Gurjar, Aged About 40 Years, Balicha, National Highway No 8, Udaipur. (Presently Lodged At District Jail, Udaipur).

----Appellant

Versus

State, Through P.p.

----Respondent

For Appellant(s) : Mr. Digvijay Singh For Respondent(s) : Mr. Laxman Solanki, PP

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HON'BLE MR. JUSTICE VIJAY BISHNOI

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Judgment / Order

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05/08/2019

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This criminal appeal under Section 14-A(2) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be referred as 'the SC/ST Act’) has been filed on behalf of the appellant being aggrieved with the order dated 23.7.2019 passed by the Special Judge, SC/ST (Prevention of Atrocities) Cases, Udaipur (hereinafter to be referred as ‘trial court’) in Criminal Misc. Case No.33/2019 whereby, the trial court has dismissed the bail application filed on behalf of the appellant.

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The appellant has been arrested in FIR No.152/2019 of Police Station Sukher, Distt. Udaipur for the offences punishable under Sections 376-384 IPC and Sections 3(1)(W)(I), 3(2)(va), 3(2)(v) of the SC/ST Act.

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Learned counsel for the appellant has submitted that allegation of sexual assault levelled against the appellant is false. It is further submitted that there is a delay of around six days in

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(2 of 2)

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[CRLAS-1032/2019]

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filing the complaint by the prosecutrix. It is submitted that the prosecutrix is a major married lady and she filed similar types of cases against many persons with the intention to extort money from them.

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Learned Public Prosecutor has opposed the prayer made on behalf of the appellant in this criminal appeal.

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Heard learned counsel for the appellant as well as learned Public Prosecutor and also perused the material on record.

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Having regard to the totality of the facts and circumstances of the case, without expressing any opinion on the merits of the case, I deem it just and proper to allow the appeal filed by the appellant under Section 14-A(2) of SC/ST Act.

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Accordingly, this criminal appeal filed under Section 14-A(2) of SC/ST Act is allowed and the order dated 23.7.2019 passed by the trial court in Criminal Misc. Case No.33/2019 is set aside and it is directed that appellant – Rohit @ Hemant Gurjar S/o Dalchand Gurjar shall be released on bail in connection with FIR No.152/2019 of Police Station Sukher, Distt. Udaipur provided he executes a personal bond in the sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/- each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.

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(VIJAY BISHNOI),J

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234-msrathore/-

Rohit @ Hemant Gurjar v. State

Case brief

What is this about?

What did the court decide?

Rohit @ Hemant Gurjar v. State

Case brief

What is this about?

What did the court decide?

What the court decided

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